Timeshare Dissembling: Don’t Hire a Non-Attorney

Blog Post Provided by Aaronson Law Group

Aaronson Law Group - Timeshare Recession and Cancellation

We received a call the other day from someone of some outfit calling itself a timeshare ‘exit’ company, or something the like, which is an aggressively marketed business that purports to extricate troubled timeshare owners from their contractual obligations.. In their marketing literature, they don’t really say how they go about it. In doing some informal research, we found that they charge exorbitant amounts up front in order sell or otherwise dispose of the timeshare. They tout a ‘money back’ guarantee of success. They claim to have locations in numerous North American cities, and even the endorsement from a celebrity financial advisor.
 
So several questions about this group present themselves immediately, some obvious, some not so much. First, the offering of a ‘money back guarantee’ implies the requirement of  an up-front fee. And I couldn’t help but notice that the money back ‘guarantee’ had some kind of asterisk. Also, since when did any legitimate broker require money up front  to sell or otherwise convey any real estate interest? 
 
Dig a little deeper and you’ll find that the principals of the company are not even licensed realtors, much less attorneys. And yet, the preparation of deeds and other legal documents for third parties are required in order to convey any interest in real estate. Hmmm….This is beginning to sound more and more like the unlicensed practice of law. Finally, we tried to call one of the numbers of the many nationwide locations, only to be told by a recording that all of the lines were busy. We left a message.  We’re still waiting for that return call. 
 
A man from a similar outfit called us recently, another non-lawyer. He apparently called just to pick our brain as much as anything else. He was nice enough, but I was a little incredulous as to what his company purports to do in relieving its ‘clients’ from their timeshare trauma. He used some interesting verbiage to describing the way they go about things:  Timeshare recapture ‘portals’. 
 
Now I have to admit that this impressive. A ‘portal’, after all, is often referred to in the context of some anomaly in the space-time continuum – perhaps caused by a wormhole. If you dare traverse one of these portals, I understand that time and space are so contorted that it  may accelerate you thousands of light-years into space, or eons into the future, or both. But I’m still not sure how this applies to a timeshare.
 
So what are we getting at here, anyway. Number one, you owe it to yourself to hire a licensed attorney who is held strictly accountable in every instance by his or her licensing bar. This licensure itself takes typically seven years of higher education,  the scrutiny of a rigorous background check, passage of a comprehensive bar examination taking two or three days, and continuing legal education year after year to maintain one’s status as a practicing attorney. So for any attorney to scam someone would be to jeopardize that licensure – to risk losing a status requiring  many years of dedication. 
 
Number two, you owe it to yourself to ask, and to understand, what it is that your timeshare ‘professional’ is actually doing for you. If the answers you get are evasive or simply don’t makes sense, you should steer clear. Warren Buffet often says that if you don’t understand what a company does you shouldn’t buy its stock. Why should this be any different.
A timeshare contract is, by definition, a legal indenture. It is binding upon you unless there occurs some basis whereby it can be altered, amended, rescinded, or otherwise terminated. A non-lawyer has no training, no status, and at best only a lay understanding as to how these objectives can be effectuated. Most importantly, by far, is that a licensed attorney has the ability to sue if your developer has run afoul of the law in roping you in. This is the only way in which you can generate negotiating leverage if the timeshare developer continues to take advantage of you.
 
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